If you were injured on another company’s property while working in New York, you may have more than a workers’ compensation claim. When a property owner or another business creates an unsafe condition that hurts you, you can often sue that third party in a premises liability lawsuit, even while you collect comp from your own employer.
Comp is guaranteed but limited. A premises liability claim against the property owner can recover the pain and suffering that comp never pays.
Why being on someone else’s property changes the math
When you are hurt at your own employer’s worksite, the exclusive-remedy rule usually limits you to workers’ comp. You generally cannot sue your employer for negligence.
But that protection only covers your employer. If you were injured at a customer’s building, a client’s warehouse, a store you were servicing, a job site owned by someone else, or any location your own company does not own or control, the property owner is a third party. New York law lets you bring a civil lawsuit against that owner or business when their negligence caused your injury.
So a delivery driver who slips on an unsalted loading dock, a repair tech who falls through a rotted stair, or a vendor struck by a falling display at a client’s store may have both:
- A workers’ comp claim against their own employer’s insurer, and
- A premises liability lawsuit against the company that owned or controlled the dangerous property.
What you actually have to prove
A premises liability claim is not automatic just because you got hurt somewhere. You generally have to show:
- There was a dangerous condition on the property (ice, a wet floor, a broken step, poor lighting, a hidden hole, falling merchandise).
- The owner created the hazard, or knew about it, or should have known about it because it existed long enough to be discovered.
- They failed to fix it or warn you in a reasonable time.
- That failure caused your injury.
That “knew or should have known” piece is called notice, and it is often the heart of the case. A puddle that just formed seconds before you slipped is different from one that sat there for hours while staff walked past it.
| Hazard | Who may be liable | Claim type | Key proof |
|---|---|---|---|
| Wet floor or ice on a client’s property | The property owner or controlling business | Premises liability | Notice the condition existed long enough to fix |
| Falling merchandise from a shelf | The store or property owner | Premises liability | Improper stacking, prior complaints |
| Fall while doing construction work | Owner, GC, or agent | Labor Law §240(1) / §241(6) | Elevation-related risk or a specific Industrial Code rule |
Common third-party premises injuries at work
- Slip and falls on ice, snow, or wet floors
- Trips on uneven pavement, torn mats, or cluttered walkways
- Falls from defective stairs, ladders, or railings on the property
- Objects falling from shelves or improperly stacked storage
- Poorly lit stairwells, docks, or parking areas
When a fall is a stronger Labor Law claim instead
If you were doing construction, renovation, demolition, or similar work, New York has special Labor Law protections that can be even stronger than ordinary premises liability. These apply to owners, general contractors, and their agents.
- Labor Law §240(1), the “Scaffold Law,” imposes strict liability for certain gravity-related risks, like falls from a height or being hit by an object that should have been secured, when proper safety devices were not provided. It does not apply to every fall; the injury has to involve that elevation-related hazard.
- Labor Law §241(6) applies to construction, excavation, and demolition work and requires the violation of a specific New York Industrial Code rule (12 NYCRR Part 23), not just a general sense that something was unsafe.
- Labor Law §200 is basically ordinary negligence written into the statute. It applies when the owner or contractor had notice of the hazard or actually controlled how the work was done.
There is also a narrow exception: an owner of a one- or two-family home who does not direct or control the work usually is not liable under §240(1) and §241(6). Which statute fits depends heavily on the facts, so this is worth reviewing carefully. If your injury came from defective equipment rather than the property itself, a product liability claim against the equipment maker may apply instead.
How comp and the lawsuit connect
You can pursue both claims, but they are linked by a lien. Your employer’s comp carrier pays your medical bills and partial wages now, then has the right to be repaid out of any recovery you get from the property owner. New York reduces that lien to reflect the attorney fees and costs spent to win the case.
Just as important: before settling the third-party case for less than the full comp benefits owed, you generally need the carrier’s written consent or a court order. Skipping that step can endanger your future comp benefits. Because the two claims affect each other, they should be coordinated from the start.
Move fast on evidence and deadlines
Premises cases often come down to proving the hazard existed and the owner had time to fix it, so early evidence matters.
- Photograph the dangerous condition immediately, before it is cleaned up or repaired.
- Report the incident to the property owner or manager and ask for a copy of any incident report.
- Get names of witnesses and any employees who were nearby.
- Note whether security cameras might have recorded it, since that footage can be erased quickly.
Watch the clocks:
- Workers’ comp: notify your employer in writing within 30 days and file with the New York Workers’ Compensation Board (wcb.ny.gov) within two years.
- Premises lawsuit: New York generally allows three years from the injury date. If the property is owned by a city, the state, or another public entity, much shorter deadlines and a notice-of-claim requirement can apply, sometimes as short as 90 days.
Questions injured workers ask about premises cases
Can I sue my own employer if I got hurt at a client’s site? Generally no. Comp remains your only claim against your employer. Your lawsuit is against the third-party property owner or business that controlled the unsafe condition.
What if both my employer and the property owner were careless? You still collect comp from your employer and can sue the property owner. New York compares fault among the responsible parties, and the property owner can be held liable for its share even if others were also careless.
Does it matter that I was “just there for work” and not a customer? No. Property owners owe a duty of reasonable care to people lawfully on the premises, including workers making deliveries or performing services.
Related on SueWorkInjury
- Hit by another driver while working in NY: your two claims
- Defective machinery injuries at work: NY product liability
- More vehicle and third-party accident guides
The first steps protect both tracks at once: get medical care, report the injury to both your employer and the property owner in writing, and photograph the hazard before it is fixed. Because an injury on someone else’s property can involve a comp claim plus a separate lawsuit with a lien and sometimes very short public-property deadlines, you can for a free, no-pressure review of your situation with a New York work-injury attorney.
*This article is general information, not legal advice. Premises liability and workers’ compensation results depend on the specific facts of your case. Please consult a New York attorney about your situation.*